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Possession of up to 15 grams for personal use or cultivation of up to 5 plants is a misdemeanor subject to minor fine - mostly not enforced. Popular destination for smokers. Medical use of cannabis on prescription has been legal and regulated since April 1, 2013.

In the Czech Republic, until 31 December 1998 only drug possession "for other person" (i.e. intent to sell) was criminal (apart from production, importation, exportation, offering or mediation, which was and remains criminal) while possession for personal use remained legal.

On 1 January 1999, an amendment of the Criminal Code, which was necessitated in order to align the Czech drug rules with the Single Convention on Narcotic Drugs, became effective, criminalizing possession of "amount larger than small" also for personal use (Art. 187a of the Criminal Code) while possession of small amounts for personal use became a misdemeanor.

The judicial practice came to the conclusion that the "amount larger than small" must be five to ten times larger (depending on drug) than a usual single dose of an average consumer.

On 14 December 2009, the Government of the Czech Republic adopted Regulation No. 467/2009 Coll., that took effect on 1 January 2010, and specified what "amount larger than small" under the Criminal Code meant, effectively taking over the amounts that were already established by the previous judicial practice. According to the regulation, a person could possess up to 15 grams of marijuana or 1.5 grams of heroin without facing criminal charges. These amounts were higher (often many times) than in any other European country, possibly making the Czech Republic the most liberal country in the European Union when it comes to drug liberalization, apart from Portugal. Czech Republic has also the highest prevalence of last years cannabis use among young adults (15-34) (18.5% in 2012) among the 30 counties reporting to the EMCDDA.

In 2013, a District Court in Liberec was deciding a case of a person that was accused of criminal possession for having 3.25 grams of methamphetamine (1.9 grams of straight methamphetamine base), well over the Regulation's limit of 2 grams. The court considered that basing a decision on mere Regulation would be unconstitutional and in breach of Article 39 of the Czech Charter of Fundamental Rights and Freedoms which states that "only a law may designate which acts constitute a crime and what penalties, or other detriments to rights or property, may be imposed for committing them" and proposed to the Constitutional Court to abolish the Regulation. In line with the District Courts' argument, the Constitutional Court abolished the Regulation effective from 23 August 2013, noting that the "amount larger than small" within the meaning of the Criminal Code may be designated only by the means of an Act of Parliament, and not a Governmental Regulation. Moreover, the Constitutional Court further noted that the Regulation merely took over already existing judicial practice of interpretation of what constitutes "amount larger than small" and thus its abolishment will not really change the criminality of drug possession in the country. Thus, the above-mentioned amounts from the now-not-effective Regulation remain as the base for consideration of police and prosecutors, while courts are not bound by the precise grammage.

Sale of any amount (not purchase) remains a criminal act. Possession of "amount larger than a small" of marijuana can result in a jail sentence of up to one year. For other illicit drugs, the sentence is up to two years. Trafficking as well as production (apart from growing up to five plants of marijuana) offenses carry stiffer sentences.

Medical use of cannabis on prescription has been legal and regulated since 1 April 2013!

Medical Marijuana Doctors & Clinics in:
Czech Republic

 

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